If you were a victim of an injury because of someone else’s carelessness, you may be searching for a solution, and you could be entitled to financial compensation. Your first move should be to figure out if you have legal grounds for a personal injury case, and if you do, you should discuss your options with a personal injury lawsuit with an attorney as soon as possible.
To file a personal injury claim, there must be proof that the other party acted negligently, as a personal injury lawyer in Houston, TX, from a law firm like John K. Zaid & Associates can explain. Generally, this means that one party was reckless and caused the injury of another. To be guilty of negligence, a person has to act carelessly compared to how another reasonable person would act. If he or she could anticipate that a person could be injured due to any action or inaction, then he or she may have acted negligently. If you have a hard time determining negligence, an attorney can help.
To determine negligence, the person has to have a duty of care towards you. Then, he or she must breach that duty. For example, a drunk driver is breaching his or her duty of care towards all other drivers. If you are hit by a drunk driver and injured, then you may deserve compensation.
When it comes to legal liability, there are instances in which you might think that the other party was reckless, but he or she might not actually be legally liable for your injuries. For example, if someone trespasses, the property owner has no duty to be careful because he or she did not know the person was there. There are exceptions to the rule: Property owners cannot engage in willful and wanton conduct that may cause an injury to others. Property owners cannot set up traps to catch trespassers either.
If a trespasser is attacked by a dog, the property owner may not be legally responsible. If it was a dangerous dog and the homeowner took reasonable steps to prevent a dog bite, then the homeowner is still not responsible. If a person suffers injuries due to a poorly maintained building, then the property owner may be legally liable for the injuries. If the injured person is reckless as well, then he or she may also have partial fault.
If you suffered an injury because of someone else’s carelessness, you may have a personal injury claim on your hands. Your first step should be to discuss your situation with a personal injury lawyer. He or she can help you file your claim, gather evidence and negotiate a settlement.